used as a wind instrument. Hence the author says, “and breaking a wind instrument.”

His statement, “wind instrument”: a wind instrument is one of the musical instruments, and all musical instruments are forbidden, whether or not they are accompanied by singing—though they are generally accompanied by it. The evidence for their prohibition is what is established in Sahih al-Bukhari from Abu Malik al-Ash'ari, may Allah be pleased with him, that the Prophet, peace and blessings be upon him, said: “There will certainly be people from among my Ummah who will deem lawful illicit sexual relations, silk, wine, and musical instruments.” (1) These four are almost invariably found together.

Musical instruments are generally accompanied by singing, and singing accompanied by musical instruments contains amorous themes and enticement, leading in turn to fornication, as indicated by his words: “who will deem lawful illicit sexual relations”—that is, fornication.

His words in the hadith, “wine and silk”: silk results from luxury, for a person is inclined toward the utmost luxury; then he drinks wine in order to complete—so he claims—his luxurious lifestyle. This is an explicit text establishing that musical instruments are forbidden, for his words, “who will deem lawful,” indicate that they are forbidden.

Does deeming them lawful here mean believing that they are lawful, or treating them as one treats what is lawful?

The answer is the latter. For believing them to be lawful may take one out of Islam: if a person living among the Muslim community, who has understood the matter, believes wine to be lawful, he is an apostate. What is meant, however, is that they deem them lawful—that is, they engage in them as one who considers them lawful would, neither condemning them nor abandoning them.